MYLES & TOLMAN

The parties to this proceeding were Myles and Tolman. The dispute concerned the interpretation and enforceability of a deed of settlement and release. The matter came before Berman J of the Supreme Court of Victoria.

The central legal issue before the Court was whether the deed of settlement and release, which purported to extinguish all claims between the parties, was effective to prevent Myles from pursuing a claim for breach of contract against Tolman, notwithstanding allegations of misleading and deceptive conduct in the lead-up to the execution of the deed.

Berman J considered the principles of contractual interpretation, particularly in relation to the scope of releases. His Honour noted that a clear and unambiguous release clause would generally be given its full effect. However, the Court also examined the interaction between contractual releases and claims arising from misleading or deceptive conduct under consumer protection legislation. His Honour applied the principles established in cases concerning the effectiveness of general releases to bar statutory claims, considering whether the language of the deed evinced a clear intention to release such claims.

The Court found that the deed of settlement and release was effective to extinguish all claims, including the claim for breach of contract. Accordingly, Myles's claim was dismissed.